Slaveski v Victoria

The Supreme Court of Victoria presided over a complex case involving Slaveski as the plaintiff and Victoria as the defendant, along with 23 individual defendants, all of whom were jointly represented. The plaintiff, Slaveski, sought damages for alleged breaches of his human rights, including claims for aggravated and exemplary damages, as well as interest on the awarded damages. The defendants contested these claims, arguing various points of law and fact. The court was required to decide on the principles governing the award of aggravated and exemplary damages, the interpretation of statutory language in relation to interest, and the assessment of costs under the Supreme Court (General Civil Procedure) Rules 2005 (Vic), including the implications of a Caldberbank offer.

The court examined the principles for awarding aggravated and exemplary damages, clarifying that these forms of damages are intended to compensate for the injury to the plaintiff's dignity and to punish and deter the defendant's conduct, respectively. Regarding interest, the court interpreted the statutory provisions in the Supreme Court Act 1986 (Vic), concluding that the phrase "from the commencement of the proceeding" meant from the date the writ was issued, and "unless good cause is shown to the contrary" allowed for adjustments based on the circumstances of each case. In terms of costs, the court held that despite the plaintiff's partial success, the defendants' conduct warranted an adjustment of costs based on deficiencies in the plaintiff's discovery and record-keeping. Additionally, the court ruled that the 23 defendants, though jointly represented, were to be treated as a group for costs purposes.

The court granted a stay to allow the defendants to consider applying to set off the award of damages against the order for costs. This decision balanced the need for a fair assessment of costs with the defendants' potential ability to offset their liability. The final orders reflected the court's reasoning, adjusting the costs payable by the plaintiff's litigation guardian and allowing for the possibility of a set-off order.